- (1.) This cr. revision petition has been filed by the petitioner against the judgment dated 2.7.2009 passed by Addl. Sessions Judge (Fast Track) No.3, Jaipur City, Jaipur in Cr. Appeal No. 60/2008 (43/2007) by which he partly allowed the appeal filed by the petitioners and remanded the matter back to the trial court with the direction to decide the matter afresh after conducting fresh trial upon framing the charge.
(2.) Brief facts of the case are as under: "On 28.10.2002, Suresh Meetha Lal Shah submitted a report before Police Station GRP, Jaipur. On the basis of said report, FIR No. 301/2002 was registered for the offence under Section 406 IPC. After completion of investigation, the police filed a challan against accused Parasmal, Ganpat Lal, Ashok Kumar and against accused Chunni Lal. The trial court took cognizance against the accused persons. Thereafter charges were framed, the accused persons denied for the charges and claimed for trial. The prosecution produced its witnesses and got exhibited
(3.) some documents. In defence, the statement of the accused persons were recorded under Section 313 CrPC and after hearing the arguments of both the sides, the learned trial court passed the judgment dated 20.1.2007 convicting the accused persons Parasmal, Ganpat and Ashok for the offence under Section 411 IPC and sentencing each of them to undergo 6 months' SI and to pay fine of Rs. 200/-; in default of payment of fine, to further undergo 7 days' additional imprisonment and accused person Chunni Lal was convicted for the offence under Section 414 IPC and sentenced to undergo 6 months' SI with fine of Rs. 200/-; in default of payment of fine, to further undergo 7 days' imprisonment. Against the said judgment of the trial court dated 20.1.2007, appeal was preferred by the accused persons. The appellate court vide judgment dated 2.7.2009 partly allowed the appeal and passed the following judgment: " XXX XXX XXX.";